SHAKUNTALA DEVI JAIN versus KUNTAL KUMARI & ORS.

SHAKUNTALA DEVI JAIN versus KUNTAL KUMARI & ORS.

The memorandum of appeal under s. 47 CPC must be accompanied by a certified copy of the order appealed from; otherwise it is incompetent. However, where the delay in filing the certified copy is due to reasons beyond the appellant's control, and sufficient cause is shown, the delay should be condoned under s. 5 of the Limitation Act to advance substantial justice.

Parties
Appellant: Shakuntala Devi Jain; Respondents: Kuntal Kumari & Ors.
Jurisdiction
India
Judgment Date
05 September 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree of the Delhi High Court in Execution First Appeal No. 86 of 1967
Outcome
Appeal allowed
Legal Topics
Appeal Procedure, Execution Proceedings, Limitation, Requirement of Certified Copy
Civil Procedure Appeal Procedure Execution Proceedings Limitation Requirement of Certified Copy

Case Brief

Summary, issues, holding and outcome

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Parties

Shakuntala Devi Jain

Appellant

Kuntal Kumari & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree of the Delhi High Court in Execution First Appeal No. 86 of 1967

Legal Issues

  1. 1 Whether an appeal against an order on objection under s. 47 CPC, filed without a certified copy of the order, is competent
  2. 2 Whether the delay in filing the certified copy can be condoned under s. 5 of the Limitation Act

Ratio Decidendi

The memorandum of appeal under s. 47 CPC must be accompanied by a certified copy of the order appealed from; otherwise it is incompetent. However, where the delay in filing the certified copy is due to reasons beyond the appellant's control, and sufficient cause is shown, the delay should be condoned under s. 5 of the Limitation Act to advance substantial justice.

Court Disposition

Appeal allowed

Orders

  • The order of the Delhi High Court dismissing Execution First Appeal No. 86 of 1967 is set aside.
  • The application under s. 5 of the Limitation Act is allowed, and the delay in re-filing the appeal with a certified copy is condoned.